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HomeMy WebLinkAboutMinutes - 02-13-01 - Regular Meeting0137 IL! HEARINGS PRESENT: Council Members: PRESENTATIONS Council Minutes 2/13/01 -1- MINUTES OF THE CITY COUNCIL OF THE CITY OF DOWNEY FEBRUARY 13, 2001 The City Council of the City of Downey held a regular meeting at 7:35 p.m., February 13, 2001, in the Council Chamber of the Downey City Hall, Mayor Robert C. Winningham presiding. Robert C. Winningham Mayor Meredith H. Perkins Mayor Pro Tem Rick Trejo Kirk O. Cartozian Keith McCarthy ALSO PRESENT: Gerald M. Caton, City Manager Charles Vose, City Attorney Judith McDonnell, City Clerk - Treasurer Lee Powell, Assistant City Manager Desi Alvarez, Director of Public Works John Finch, Police Chief Darrell George, Director of Community/Economic Development James Jarrett, Director of Community Services John Michicoff, Director of Finance Mark Sauter, Fire Chief Ron Yoshiki, Asst. Director of Community Dev. /City Planner Bonnie Kehoe, Recreation Division Manager Ed Velasco, Manager of Housing Steven Yee, Economic Development Coordinator June Yotsuya, Assistant to the City Manager Shirley Conte, Executive Secretary Mayor Winningham noted his appointees, Diane Boggs, Downey City Hospital Commission, District 4, and Alda Sichting, Emergency Preparedness Committee, District 4, were not available to receive their Certificates of Appointments. He thanked them for accepting their reappointments. Mayor Winningham opened the public hearing on 2001 -2002 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND HOME PARTNERSHIP INVESTMENT PROGRAM GRANT. Ms. McDonnell affirmed receipt of the Proof of Publication. It was moved by Council Member Perkins, seconded by Council Member McCarthy, and so ordered to receive and file. 013703 Mr. Velasco explained this hearing is held to receive public comments relating to 2001 -2002 CDBG and HOME Investment Partnership Program grants, noting the City is entitled to approximately $1.4 million dollars in CDBG funds and $527,000 in HOME funds. An Annual Action Plan describing activities the City will undertake with these funds and two public hearings are required before formally submitting the application to the Department of Housing and Urban Development. He referred to the staff report, which highlights specific areas, and pointed out there were two newspaper advertisements and 48 notices were mailed to residents and non -profit agencies in addition to the required legal notice and posting. The complete plan is expected to be brought before the Council at its May 8, 2001 meeting. There was no correspondence received regarding this matter. Mayor Winningham asked if there was anyone present wishing to speak regarding the 2001- 2002 Federal Community Development Block Grant and HOME Investment Partnership Programs. Lou Sterns, Social Minister Chairman, Christ Lutheran Church, 7707 Florence Avenue, and member of the Board of Directors of the Rio Hondo Temporary Home, stated he was proud of his church's response to the needs of the larger community and its support for the Rio Hondo Temporary Home. He asked the Council to take a good look at this program and to continue its support. Lennie Whittington, 8542 Manatee Street, commended the various programs funded by CDBG and HOME funds. He stated there is a homeless problem in Downey and referred to a prior voucher program where the City furnished a meal or hotel room to a needy family. He noted the program has been abandoned and suggested the City consider reinstating it. There being no one else to speak, it was moved by Council Member McCarthy, seconded by Council Member Perkins, and so ordered to close the hearing. Council Member Cartozian inquired if a voucher program would be a permitted use for non- housing money and what the parameters would be for these funds. He was informed the Ministerial Association was the funding source for the program and worked with the Police Department. The program would be an eligible activity for use of these funds, and there are a broad range of non- housing activities that are acceptable, as long as they meet the objective of directly benefiting low or moderate- income households. He then asked if the homeless situation was addressed in the 5 -Year Consolidated Plan approved in June 2000, and was informed a homeless population and the resources available to residents in that situation was identified. He requested a copy of the 5 -Year Consolidated Plan. Council Member McCarthy explained funding was reduced for the Rio Hondo Temporary Home several years ago because of concerns with its administration, which has now been rectified. He also noted the ARC became a recipient of funds when it relocated to the City, and he was pleased to see projects listed for Golden and Crawford Parks, which includes replacement of playground equipment. He then referred to the increase in funds for the Housing Rehabilitation and Senior Paint and Fix -Up Program and was informed costs have gone up, with lead -base paints requiring abatement procedures, etc. He asked about the decrease in Homebuyer Loans and was advised that activity has dropped due to increased real estate values, which makes it difficult for clientele to purchase a home but that the decrease if offset by the redevelopment Housing Set -Aside Fund. It was noted the Homebuyer program needs to be reviewed and possibly modified. Council Minutes 2/13/01 -2- 013'77' Council Member Perkins inquired why the Community /Senior Center budget had been lowered by approximately $9,000 and was informed it was unknown what the costs would be to maintain the larger facility after it was reopened, which has resulted in excess funds that are being adjusted each year. He also referred to the Youth Corps Program reduction and was advised that an adjustment was made last year, as the City is limited to the amount it spends on social service programs with these funds, but an increase was made in the GRASP and Literacy Programs. In responding to an inquiry by Council Member Trejo, the Housing Rehabilitation Program, Neighborhood Preservation and GRASP programs were explained. Mayor Winningham requested an explanation of how the Housing Rehabilitation Program worked for fixed income senior citizens and was informed the City offers a deferred loan, with no interest and no monthly payment. The loan is paid back at the time the property is sold. He also asked what percentage of the funds are allocated each year and was informed it is approximately 95 percent. He inquired if the Senior Services Grant was the senior food program and the response was yes, that the funds noted are a subsidy in the event the program runs out of funds. Mr. Whittington, 8542 Manatee Street, noted the Ministerial Association did run the voucher program through the Police Department, but it has not been in effect for years. He also noted residents gave donations. It was moved by Council Member Perkins, seconded by Council Member McCarthy, and unanimously carried to receive and file. Mayor Winningham opened the public hearing on PROPOSED DOWNEY MUNICIPAL CODE AMENDMENT CONSOLIDATING CERTAIN OFFICE ACTIVITIES AND PLACING THEM UNDER THE CLASSIFICATION OF ADMINISTRATIVE /GENERAL OFFICES IN THE C -1 (NEIGHBORHOOD COMMERCIAL) ZONE (CODE AMENDMENT 00 -110). Ms. McDonnell affirmed receipt of the Proof of Publication. It was moved by Council Member McCarthy, seconded by Council Member Perkins, and so ordered to receive and file. Mr. Yoshiki advised this a cleanup item to clarify office activities in the C -1 (Neighborhood Commercial) zone. It was noted specific office types in the C -1 zone are limited to accountants, attorneys, dentists, insurance, medical and real estate offices. Anyone with an administrative office activity, such as billing, invoicing, etc. could not be located in this zone. He noted this was not the intent and the Planning Commission is requesting the Council clarify office activities allowed in the C -1 zone to include administrative /general offices. There was no correspondence received regarding this matter. There being no one present wishing to speak, it was moved by Council Member Perkins, seconded by Council Member McCarthy, and so ordered to close the hearing. Council Minutes 2/13/01 -3- ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 9122.04 (a, b, q, ah, an and av) OF THE DOWNEY MUNICIPAL CODE TO CONSOLIDATE CERTAIN OFFICE ACTIVITIES AND PLACE THEM UNDER THE CLASSIFICATION OF "ADMINISTRATIVE AND GENERAL OFFICES," IN THE C -1 (NEIGHBORHOOD COMMERCIAL) ZONE (Code Amendment No. 00 -110) The Ordinance was read by title only. It was moved by Council Member Perkins, seconded by Council Member Cartozian, and unanimously carried to waive further reading and introduce. CONSENT CALENDAR - ITEMS FOR REMOVAL Agenda Item VI -E -2, AFTER SCHOOL LEARNING AND SAFE NEIGHBORHOODS PARTNERSHIPS PROGRAM- EVALUATOR SERVICES AGREEMENT WITH ERIN SOLARI, was removed at the request of Council Member Trejo. City Clerk McDonnell clarified that Item VI -C -3, CASH CONTRACT NO. S.S. 513 — TRAFFIC SIGNAL PREEMPTION SYSTEM, includes two actions: A Resolution approving program Supplement No. M005 to City of Downey /State Master Agreement No. 07 -53 34; and approval of plans and specifications and authority to advertise for bids. Agenda Items VI -C -1, CASH CONTRACT NO. S.S. 483, LIGHT - EMITTING DIODE (LED) TRAFFIC SIGNAL INDICATION, and VI -F -5, SUPPORT FOR STATE OF CALIFORNIA FUNDING FOR PUBLIC BROADCASTING STATIONS, were removed at the request of Mayor Winningham. Agenda Item VI -C -3, CASH CONTRACT NO. S.S. 513 — TRAFFIC SIGNAL PREEMPTION SYSTEM, was removed at the request of David Bowers, 10620 Dolan Avenue. CONSENT CALENDAR It was moved by Council Member McCarthy, seconded by Council Member Trejo, and unanimously carried to waive further reading of the Resolutions and approve the remainder of the Consent Calendar as recommended: COUNCIL MINUTES: ADJOURNED AND REGULAR MEETINGS, JANUARY 23, 2001, AND ADJOURNED REGULAR MEETING, JANUARY 30, 2001: Approve. CASH CONTRACT NO. S.S. 490 — STEWART AND GRAY ROAD PAVEMENT REHABILITATION (ACCOUNT NO. 26- 16490): Approve Plans and Specifications and grant authority to advertise for bids: Approve. WARRANTS ISSUED: NO. 163324 — 164026; WIRE TRANSFERS 152 -156; 30000074 -81, $4,126,357.35: Approve. Council Minutes 2/13/01 -4- 01 i ? (1 . a GENERAL PLAN AMENDMENT NO. 00-101 — CHANGE THE GENERAL PLAN LAND USE DESIGNATION FROM LOW- MEDIUM DENSITY RESIDENTIAL TO GENERAL MANUFACTURING FOR PROPERTY LOCATED AT 9215 HALL ROAD: Set hearing for 7:30 p.m., February 27, 2001, in the Council Chamber of Downey City Hall: Approve. RESOLUTION NO. 6433 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE FINAL SUBDIVISION MAP OF PARCEL MAP NO. 25643 (9066 FIRESTONE BOULEVARD), APPROVING AN AGREEMENT WITH THE SUBDIVIDER AND ACCEPTING A SUBDIVISION PERFORMANCE BOND AS SURETY RESOLUTION NO. 6434 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF LOUIS APODACA TO THE LOS ANGELES COUNTY - DOWNEY REGIONAL PUBLIC RECREATION AREA COMMISSION (GOLF COURSE AUTHORITY), COUNCIL DISTRICT 1 RESOLUTION NO. 6435 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF NIKKI UTERMOHLEN TO THE CIVIC CENTER CORPORATION BOARD OF DIRECTORS, COUNCIL DISTRICT 1 RESOLUTION NO. 6436 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF MARK VASQUEZ TO THE DOWNEY CITY HOSPITAL COMMISSION, COUNCIL DISTRICT 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF DEBBIE BLACK TO THE LIBRARY ADVISORY BOARD, COUNCIL DISTRICT 1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF NIKKI UTERMOHLEN TO THE PERSONNEL ADVISORY BOARD, COUNCIL DISTRICT 1 Council Minutes 2/13/01 -5- RESOLUTION NO. 6437 (ADOPT) RESOLUTION NO. 6438 (ADOPT) Council Minutes 2/13/01 -6- RESOLUTION NO. 6439 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF DAVID GAFIN TO THE PLANNING COMMISSION, COUNCIL DISTRICT 1 RESOLUTION NO. 6440 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF LOUIS APODACA TO THE RECREATION AND COMMUNITY SERVICES COMMISSION, COUNCIL DISTRICT 1 RESOLUTION NO. 6441 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF MARTIN SUSNIR TO THE WATER ADVISORY BOARD, COUNCIL DISTRICT 1 RESOLUTION NO. 6442 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF MARTIN SUSNIR TO THE WATER FACILITIES CORPORATION, COUNCIL DISTRICT 1 RESOLUTION NO. 6443 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF STEVEN BRAD LOFING TO THE EMERGENCY PREPAREDNESS COMMITTEE, COUNCIL DISTRICT 1 RESOLUTION NO. 6444 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF PATTI BRODE TO THE CITIZENS HEALTH AND ENVIRONMENTAL SANITATION COMMITTEE, COUNCIL DISTRICT 1 RESOLUTION NO. 6445 (ADOPT) t l, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEy, 77 i APPRO VING THE REAPPOINTMENT OF JANE BARLETT TO THE 1 CITIZENS HEALTH AND ENVIRONMENTAL SANITATION COMMITTEE, COUNCIL DISTRICT 1 01379 RESOLUTION NO. 6446 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF JOAN FREY TO THE CITIZENS HEALTH AND ENVIRONMENTAL SANITATION COMMITTEE, COUNCIL DISTRICT 3 RESOLUTION NO. 6447 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF DENNIS PAGENKOPP TO THE TRAFFIC COMMITTEE, COUNCIL DISTRICT 5 RESOLUTION NO. 6448 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF GUY STERNER TO THE PARKING PLACE COMMISSION, COUNCIL DISTRICT 5 RESOLUTION NO. 6449 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF GEORGE REDFOX TO THE PERSONNEL ADVISORY BOARD, COUNCIL DISTRICT 5 RESOLUTION NO. 6450 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF ROGER BROSSMER TO THE PLANNING COMMISSION, COUNCIL DISTRICT 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE APPOINTMENT OF RON THIBODEAUX TO THE RECREATION AND COMMUNITY SERVICES COMMISSION, COUNCIL DISTRICT 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF DR. JOHN SIMS TO THE CIVIC CENTER CORPORATION BOARD OF DIRECTORS, COUNCIL DISTRICT 5 Council Minutes 2/13/01 -7- RESOLUTION NO. 6451 (ADOPT) RESOLUTION NO. 6452 (ADOPT) RESOLUTION NO. 6453 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF BETTIE SKELTON TO THE LIBRARY ADVISORY BOARD, COUNCIL DISTRICT 5 RESOLUTION NO. 6454 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY - APPROVING THE REAPPOINTMENT OF HERBERT STEVENS TO THE WATER ADVISORY BOARD, COUNCIL DISTRICT 5 RESOLUTION NO. 6455 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF DIANE BOGGS TO THE WATER FACILITIES CORPORATION, COUNCIL DISTRICT 5 RESOLUTION NO. 6456 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF JAMES DERRY TO THE CABLE TV CITIZENS ADVISORY COMMITTEE, COUNCIL DISTRICT 5 RESOLUTION NO. 6457 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF MARIA LARKIN TO THE EMERGENCY PREPAREDNESS COMMITTEE, COUNCIL DISTRICT 5 Council Minutes 2/13/01 - RESOLUTION NO. 6458 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF DAVID BUHLER TO THE EMERGENCY PREPAREDNESS COMMITTEE, COUNCIL DISTRICT 5 RESOLUTION NO. 6459 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF MARY STEVENS TO THE CITIZENS HEALTH AND ENVIRONMENTAL SANITATION COMMITTEE, COUNCIL DISTRICT 5 0137U`J 01371'] RESOLUTION NO. 6460 (ADOPT) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING THE REAPPOINTMENT OF CYNTHIA MAGANA TO THE CITIZENS HEALTH AND ENVIRONMENTAL SANITATION COMMITTEE, COUNCIL DISTRICT 5 ORDINANCES: None RESOLUTIONS: None ADMINISTRATIVE REPORTS UNDERGROUND UTILITY DISTRICT NO. 17 — (IMPERIAL HIGHWAY) — STATUS UPDATE Mr. Alvarez narrated a visual report on the status of the undergrounding project on Imperial Highway, initiated April 28, 1998, by adoption of a Resolution establishing Underground Utility District No. 17, for the purpose of removing all overhead utilities along Imperial Highway to improve the appearance along this highway. He reviewed California Public Utility Commission (CPUC) Rule 20A, which established regulations to provide a mechanism for undergrounding utilities. The CPUC sets aside funds to be allocated to individual cities for the number of overhead services in relation to the utilities serving that city's total system, which amounts to $541,000 per year for Downey. When District 17 was established, the City had credits totaling $3,948,000, which were to be used to fund the project along with additional monies accruing during construction of the project. He reviewed the three phases of the project and the original schedule for each phase. He advised that Southern California Edison notified the City at the beginning of this year that work would be suspended on the undergrounding district, partly due to the ongoing crisis with deregulated utilities and the financial situation Edison is experiencing. He reviewed work completed and partially completed on the undergrounding project to date. Edison has advised it will not complete the project as established but could complete the project in cooperation with the City under the CPUC Rule 20B, which would mean the City would be fronting the cost of the project and would have an exposure to pick up, which is the income tax component of the contribution because the project is now being done by another entity. Staff feels this is not appropriate and is involved in ongoing discussions with Edison at this time. If the City does not find an alternative to complete the project or cannot get Edison to complete the project as originally anticipated under Rule 20A, the project will be abandoned and Edison will wrap -up the construction. Council Member Perkins felt the Edison Company has not been a good partner in this project. The City had $3,948,000 set aside for the project and each year, 1998, 1999 and 2000, the City received $541,000, amounting to $5,571,000 set aside for the project. He asked what Edison did with this money and recommended letters be sent to Governor Davis, Assemblywoman Havice, Senator Karnette, Congressman Horn and the CPUC, stating Downey would like to have the funds back. He noted the funds are supposed to be set aside for improvement of the community and felt it was improper for Edison to suggest utilizing Rule 20B, asking the City to pay a 34 percent income tax penalty. Council Minutes 2/13/01 -9- 01371i Mr. Alvarez explained his understanding that this money, along with the rest of Edison's resources, has basically been exhausted to pay for electrical power. Council Member Cartozian commended Council Member Perkins for the time he has put into this project and concurred with his ideas. He felt it was unfortunate that the State is in an energy crisis and has diverted such funding and offered his support. Council Member McCarthy expressed his frustration in the abandonment of this project. He referred to the report and the mention of the exemption in the income tax component of contribution ® charge, inquiring if it has to be the General Fund or can the City find other funding streams and still get the exemption. Mr. Alvarez noted the General Fund is meant to refer to public funds and the City could probably find a way to waive the tax. Council Member McCarthy suggested broadening the terminology when addressing this in the future. He supported Council Member Perkins' comments and asked if there is any legal liability held by Edison for having initiated this project and then abandoning it. Mayor Winningham inquired how the funds were accumulated and was informed they are accumulated from electric utility bill payments where a percentage is set aside for undergrounding purposes and is allocated to all of the service areas of the utility that services it based on the ratio of meters in the particular locality to the overall utility service area. He inquired if the CPUC oversees this and was advised they set up the guidelines but allow Edison to retain the funds, which are commingled with their general funds. He asked if regulations by the CPUC require the funds be used for undergrounding and asked what they say about this matter and was informed this is an issue that needs resolution. Mayor Winningham supported Council Member Perkins on this project, noting it will have a great impact on public safety with the companion project that will add 240 street lights. He felt the Mayor's office should contact the CPUC regarding the funds. It was moved by Council Member Perkins, seconded by Council Member McCarthy, and unanimously carried to receive and file. ORAL COMMUNICATIONS Jim Rodriguez, 10456 Stamps Road, expressed concern with the treatment of the public when coming to City Hall, citing four incidents he was aware of He felt the Council should set policy and mandate direction and suggested an outside management firm be hired to begin sensitivity training aimed at positive customer service, with complaints received reported directly to the City Council. Richard B. Pridham, 10402 Bellman Avenue, concurred with the previous speaker and noted he has faced an uphill battle when taking problems to staff but did not feel the City needed a consulting firm. Council Minutes 2/13/01 -10- 013712 Maria Larkin, 10603 Chaney Avenue, referred to the previous two speakers and noted she has been fortunate in having a good rapport with staff. She suggested the City hire an ombudsman to assist citizens with problems, and she volunteered in this regard. Pat Heineke, 15416 Olive Branch Drive, La Mirada, President of the Downey Soroptimist Club, submitted and read a letter for Council's consideration regarding a reduction in theatre rental fees for the Club's recent joint fundraising production, "Any Number Can Die," with the Downey Kiwanis Club. ADMINISTRATIVE REPORTS (Cont.). AUTHORIZATION TO EXECUTE MEMORANDUM OF UNDERSTANDING (MOU) FOR REUSE OF NASA SITE WITH THE EZRALOW COMPANY Mr. Vose recommended a modification to the agreement on the last page, top paragraph, second sentence: Strike out the first four words "If for any reason" and replace them with "In proceeding with." The sentence would then continue with "the three project components described in the memorandum." A coma would be placed after the word "memorandum," and the words "do not proceed as set forth herein," would be stricken. The sentence would continue with, "the City of Downey "may," rather than "shall" negotiate with the Ezralow Company a Disposition and Development Agreement for the Retail Project site. Mr. George explained the MOU is best described as Phase II of a three -phase process in negotiations with the Ezralow Company, the selected master developer for 130 acres of the 160 -acre NASA site. Staff has been working with the Ezralow Company during the past year under an Exclusive Negotiating Agreement, and the proposed project revolves around three elements: A retail component, film production space, and a business park and he narrated a visual program of these various components. The remaining 30 acres of the 160 acre site are not part of the Ezralow MOU and encompass the 20 acre proposed Kaiser Hospital and 10 acre park/school use. The MOU details the financial negotiations, refines the scope of the project and the schedule. Phase III will be the execution of a disposition and development agreement, which is anticipated to be brought forward in June or July, at the same time as the ultimate close of escrow on the property with NASA. The MOU will give Ezralow the green light to proceed with working drawings and design development of the retail portion, to negotiate for film production and to continue with the attraction of business tenants for the technology park. He narrated slides of the proposed design for the retail and office park sites. Doug Gray of the Ezralow Company noted they are moving forward on the entire development and stated the movie studio has turned out to encompass the largest portion of the development. He said Ezralow is excited about the opportunity to bring this project to fruition and responded to comments from the Council. Council Member Cartozian referred to the school and park portion and requested Ezralow be reminded that levels of contamination must meet standards set for a school site. Mr. George explained the school site is not part of the Ezralow Company's development portion of the site. Council Minutes 2/13/01 -11- w-- cleanest portion of the 160 acres. OTHER BUSINESS - Consent Calendar - Items removed by Council Annroval Council Minutes 2/13/01 -12- Mayor Winningham thanked Mr. Gray for agreeing to the language changes proposed for MOU, and noted the City has a lot of faith in Ezralow. David Bowers, 10620 Dolan Avenue, expressed concern with the possibility of contamination on the school site portion of the property and that another part of the site may not be contaminated. He mentioned recent changes in the economy; utility rates going up; and felt movie production was up at this point. Mr. George noted it was his understanding the site chosen for the school is probably the Lennie Whittington, 8542 Manatee Street, noted that all major studios and independent studios have been filming seven days a week for the past six months in anticipation of the Screen Actors Guild and Writers Guild contracts running out. He felt if the strike is avoided, there may be a six month lull due to the present production schedules, as the studios will have work completed and waiting. It was moved by Council Member McCarthy, seconded by Council Member Trejo and unanimously carried to authorize the Mayor to execute an MOU with the Ezralow Company that would provide for ongoing negotiations for the reuse of the former Downey NASA Plant, with the language changes as noted. CASH CONTRACT NO. S.S. 483, LIGHT - EMITTING DIODE (LED) TRAFFIC SIGNAL INDICATION (ACCOUNT NOS. 26- 16483) Mr. Alvarez advised this project involves replacement of the red and green bulbs with LED bulbs, which consume significantly less energy than the current bulbs. It is a two -part recommendation: To purchase the actual LED bulbs; and to authorize the bid process for plans and specifications for the installation of those bulbs. He responded to comments from the Council. Council Member Perkins inquired if this was a grant program through Southern California Edison and the response was yes. He also inquired where Edison was getting the funds and was informed this is part of their energy conservation effort, as these bulbs use significantly less energy than current bulbs. Richard B. Pridham, 10402 Bellman Avenue, referred to a report on these signals in the publication "Scientific America." He mentioned talking to Caltrans' workers who where changing a light at Florence Avenue and Lakewood Boulevard, where they removed a 150 watt bulb and replaced it with one of these red bulbs, which is 7 watts. It was his understanding the new bulbs would last significantly longer. It was moved by Council Member Cartozian, seconded by Council Member McCarthy and unanimously carried to approve plans and specifications for Cash Contract No. S.S. 483; and authorize the issuance of a purchase order to Synchronex to purchase traffic signal LED lamps. 011.713 0 1371/: RESOLUTION NO. 6432 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY APPROVING PROGRAM SUPPLEMENT NO. M005 TO CITY OF DOWNEY /STATE MASTER AGREEMENT NO. 07 -5334, FOR THE CONSTRUCTION OF TRAFFIC SIGNAL PREEMPTION SYSTEM, PURSUANT TO THE INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT David Bowers, 10620 Dolan Avenue, requested an explanation of the traffic signal preemption system and was informed the preemption device receives a signal from emergency vehicles and overrides the typical signal pattern to change the signal indication to green in the direction the emergency vehicle is traveling. The Resolution was read by title only. It was moved by Council Member Perkins, seconded by Council Member Cartozian and unanimously carried to waive further reading and adopt; and approve specifications and grant authority to advertise for bids on Cash Contract No. S.S. 513. AFTER SCHOOL LEARNING AND SAFE NEIGHBORHOODS PARTNERSHIPS PROGRAM- EVALUATOR SERVICES AGREEMENT WITH ERIN SOLARI Council Member Trejo concurred that this was an excellent program and hoped to have it continue in all schools after the three -year grant expires. He inquired about what will happen after State funding is exhausted. Mr. Jarrett replied he felt the State would find these programs to be highly successful, noting the contract proposed is for an evaluation of the program to provide documentation that will go to the State Legislature to show it is in fact a worthwhile program. The City expects the State to consider extending the agreements beyond the three -year period. In the meantime, the City will determine how the programs could be continued, such as fees for services, joint partnership with the school district, and other methods. It was moved by Council Member Perkins, seconded by Council Member McCarthy and unanimously carried to approve an agreement with Erin Solari as the Evaluator of the After School Learning and Safe Neighborhoods Partnerships Programs. Council Minutes 2/13/01 -13- RESOLUTION NO. 6461 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DOWNEY IN SUPPORT OF CONTINUED CALIFORNIA STATE FUNDING FOR PUBLIC BROADCAST STATIONS TO ASSIST IN THE CONVERSION FROM ANALOG TO DIGITAL TECHNOLOGY AS MANDATED BY THE FEDERAL COMMUNICATIONS COMMISSION Ms. Yotsuya advised the Federal Communications Commission (FCC) in 1997 mandated that public broadcasting stations convert their transmissions from analog to digital. The stations are required to complete the conversion by May 2003 or lose their analog license. Since the Federal government did not provide funding for the conversion, public broadcasting stations in California began fundraising campaigns to assist with this program. The California Legislature approved $2 million through Senate Bill 2012 and the Governor authorized an additional $5 million in the fiscal year 2001 budget. Language in SB 2012 defined the State's ability, during an emergency, to access California's public broadcasting stations in order to communicate with Californians. The Office of Emergency Services and the State will benefit from the new digital technology, which will allow text communication, along with visual and aural communication for the hard of hearing and deaf, as well as multi - lingual communication. The Independent Cities Association supports the effort to obtain additional funding in fiscal year 2002 for the conversion and encourages each member city to take similar action. Mayor Winningham noted he is a member of the Independent Cities Association Board and had the opportunity to attended station KCET for a board meeting where this mandate was brought to the board's attention. He felt it was a worthwhile item for the Council to support. The Resolution was read by title only. It was moved by Council Member Perkins, seconded by Council Member Cartozian and unanimously carried to waive further reading and adopt. OTHER BUSINESS - Council Members UTILITY USERS TAX FOR NATURAL GAS Council Minutes 2/13/01 -14- 0;1.3,7;15 Mr. Powell noted the proposed Ordinance will amend the City's Utility Users Tax as it relates to the use of natural gas in the City and provide for a twelve -month reduction in the current 5 percent utility users tax to 3.5 percent. The justification for the reduction is the dramatic increase in rates being charged for natural gas. In the last twelve months, rates have gone up approximately 40 percent. This year the City budgeted approximately $565,000 of utility user tax revenue and if rates are up 40 percent, the City will collect more dollars, while customers will pay more dollars. To offset this impact, the City proposes a reduction in the utility users tax. He noted the Ordinance was reviewed by the Southern California Gas Company. Mayor Winningham thanked Council Member Perkins for bringing this item to the forefront. Council Member McCarthy requested clarification from the City Attorney as to whether the popular vote would apply and was informed Proposition 218 provides that the popular vote is required for an increase in taxes not a decrease. He noted this is an interim reduction, which will revert back to the previous rate when the time period has expired. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DOWNEY AMENDING SECTION 6185 OF THE DOWNEY MUNICIPAL CODE (UTILITY USERS TAX) The Ordinance was read by title only. It was moved by Council Member Perkins, seconded by Council Member McCarthy and unanimously carried to waive further reading and introduce. Lennie Whittington, 8542 Manatee Street, noted the City initiated the utility users tax ten years ago and funds were originally designated to bring the Police Department up to full force. He was pleased that the City was reducing the tax and felt it was only a matter of time before electrical rates also go up. He had hoped the tax would have been reduced to 2.5 percent and reviewed the monetary benefits to the City from this tax. He thanked the Council for bringing this forward. Mayor Winningham noted the City's use of electricity is much greater than its use of gas, therefore, the City too would be greatly affected by any raise in electrical costs and would need to budget accordingly. He asked Chief Finch to comment on the Police Department budget now as opposed to ten years ago. Chief Finch advised it was approximately $9.5 million then and is around $18 million now. Council Member Perkins mentioned attending a meeting of the Downey Rose Float Association where Council Member McCarthy was the Master of Ceremonies. He noted that Mike Prokop is the new President, and pointed out the exposure the City receives from this activity. He mentioned an invitation from Los Angeles County Supervisor, Don Knabe, was sent to the Rose Float Association to attend a Supervisor's meeting and receive further recognition. Also, Congressman Steven Horn's office requested a photo of the 2000 Downey Rose Float to hang in the Rayburn Building in Washington D.C. for all to enjoy. He mentioned the Rose Float Association will hold a silent auction on Sunday, February 25th, to raise funds and encouraged everyone to attend. Council Member Trejo inquired about enforcement of the Downey Municipal Code relating to front yard setbacks and was informed that meetings have been held with Code Enforcement and Planning Division personnel and additional information could be supplied. Council Member Cartozian asked the audience if the sound system in the Council Chamber was coming through better than it was at previous meetings and noted the gentleman who worked on it was present in the audience. Council Minutes 2/13/01 -15- Council Member Cartozian mentioned the Downey and Warren High Schools basketball game last week, noting both teams will go forward to the playoffs. He commended Warren on a great game. Council Member Cartozian thanked Gallatin Elementary School Council for leading the flag salute and noted Council Member Trejo's wife is the Principal at that school. He pointed out he also attended Gallatin Elementary School. Council Member McCarthy mentioned receiving a public notice about the availability of the -- Joint Draft Environmental Impact Statement and Environmental Impact Report for the Los Angeles Airport. He noted the Web site address for anyone interested in accessing the documents. Council Member McCarthy mentioned receipt of a letter requesting the complete restriction of parking on Patton Road. He asked the Police Department to check into this situation and to consider revoking long -term parking on Patton Road between Firestone Boulevard and Cleta Street. Council Member McCarthy mentioned two upcoming events up at the Downey Civic Theatre: Sweet Charity opens this weekend by the Downey Civic Light Opera; and Irish comedian Hal Roach, will be there on February 21st. He encouraged everyone to attend. Council Member McCarthy commented on statistics listed in the Police Department Annual Report. Mayor Winningham acknowledged Deputy City Clerk Joyce Doyle, who was awarded the designation of Certified Municipal Clerk from the International Institute of Municipal Clerks this past January and was proud of her dedication for continued education. Mayor Winningham thanked Chief Finch for the 2000 Annual Police Report submitted earlier this week, stating it was very informative and notes crime in the City is at a 20 year low. �-- Mayor Winningham mentioned several people in the area will be retiring: James Klosterman of Downey Regional Medical Center, who has been instrumental in raising funds for the Hospital for many years; and Council Member Garth Gardner, who served on the Pico Rivera City Council for more than 30 years. He wished them both well in their future endeavors. Mayor Winningham mentioned Flag Day is coming up at Unsworth Elementary School, sponsored by the Lions Club. Mayor Winningham wished everyone a Happy Valentine's Day. OTHER BUSINESS - Staff Members Mr. Caton responded to comments made by Mr. Rodriguez, noting his office is always open to receive complaints. He requested more specific information and pointed out that City employees have a certain work process to follow. He noted the City has tried very hard to work with the business community and formed the Business Retention Attraction In Downey (BRAID) program. He referred to the suggestion for an ombudsman and felt this person would have to be an expert in all areas of City government in order to be effective. Council Minutes 2/13/01 -16- Mr. Caton also responded to the request by Ms. Heineke for a theatre subsidy for the Downey Soroptimist and Los Amigos Kiwanis Clubs and noted this suggestion would be brought back at budget time for the Council's discretion. He noted many service organizations hold events and it is not unusual for half or two - thirds of the money raised to be used to pay for the use of the facility. ADJOURNMENT: 9:55 p.m. The meeting was adjourned to 6:30 p.m., February 27, 2001, in the Council Chamber of Downey City Hall. J • ith E. McDonnell, City Clerk Robert C. Winningham, Mayor H'.\CCLERK \SCONlE\M1NU TES'CCMNO213 Council Minutes 2/13/01 -17-